How Austrians Abroad Can Gain Dual Citizenship

Austrian citizenship can be acquired by descent, award, extension of the award, or investment. An Austrian-American can become a citizen of Austria if they fulfil the requirements for naturalization and file an application. This includes proving German language skills, having no criminal record, and residing in Austria for at least 10 years. Additionally, Austria allows victims of the Nazi regime and their descendants to apply for citizenship.

Citizenship by descent

Austrian citizenship by descent is based on the principle of ius sanguinis, meaning that a child's citizenship is determined by that of their parents. If a child is born to married parents, at least one of whom is an Austrian citizen, then the child automatically acquires Austrian citizenship at birth. If the parents are unmarried, then the child will be an Austrian citizen by descent if the mother is a citizen. If the parents are not married and only the father is an Austrian citizen, the child will acquire citizenship if the father acknowledges paternity before the birth or within eight weeks of the birth, or if paternity is established by a court within eight weeks of the birth. In cases where paternity is acknowledged later than eight weeks after birth or is established by a court at a later date, the child may still acquire Austrian citizenship through a simplified procedure.

If a child born to unmarried parents acquires Austrian citizenship by descent from their father and the mother is a foreign national, the child may hold dual citizenship if the mother's country of citizenship also observes ius sanguinis, or if it follows the territoriality principle (ius soli) of awarding citizenship to anyone born within its territory. In cases of dual citizenship, Austrian law does not require individuals to renounce one of their citizenships upon reaching the age of majority, although the other state may require this.

Austrian citizenship law was amended in 2019 to recognise the country's historical responsibility towards victims of the National Socialist regime and their descendants. As such, descendants of victims of the Nazi regime can apply for Austrian citizenship by descent, without having to give up their current citizenship. This includes all direct descendants (as well as those adopted as minors) of a formerly persecuted ancestor. Applicants can apply for citizenship if one of the following cases applies to their ancestor:

• They were a citizen of one of the successor states of the former Austro-Hungarian monarchy (particularly Czechoslovakia, Hungary, Poland, Romania, and the Kingdom of Serbs, Croats, and Slovenes)
• They lost Austrian citizenship when they acquired a foreign citizenship through marriage around the time of their departure from Austria, and they primarily resided in Austria before 15 May 1955, leaving the country because they suffered or feared persecution by the Nazi regime, or because of their support for the democratic Republic of Austria
• They were an Austrian citizen but did not primarily reside in Austria between 30 January 1933 and 9 May 1945, because they feared persecution by the Nazi regime or because of their support for the Republic of Austria
• They were an Austrian citizen who was deported from Austria by the Nazi regime before 9 May 1945, or killed by the regime (including as a result of being denied medical care, food, or due to injuries from torture)
• They were a stateless person or a citizen of one of the successor states of the former Austro-Hungarian monarchy, who primarily resided in Austria before 9 May 1945, and who was either deported from Austria or killed by the regime (including as a result of being denied medical care, food, or due to injuries from torture), either as an Austrian citizen or as a citizen of one of the aforementioned successor states

Citizenship by award

Austrian citizenship can be acquired by award, which requires fulfilling the general requirements for naturalization and filing an application. Here is a detailed overview of the process and requirements for obtaining Austrian citizenship by award:

General Requirements for Naturalization:

• 10 years of legal and continuous residence in Austria, with a minimum of 5 years holding a residence permit.
• No criminal record or pending criminal actions in Austria or abroad.
• No severe administrative offences with a special degree of unlawfulness.
• Sufficient financial means to support oneself.
• Proof of fixed and regular earnings over a period of 36 months within the last 6 years before the application. Exceptions are made for cases of disability or permanent serious illness.
• German language skills and basic knowledge of Austria's democratic system, fundamental principles, and history.
• Positive attitude towards the Republic of Austria, with no close relationships to extremist or terrorist groups.
• No pending proceedings regarding the termination of residence or current prohibition of residence.
• No eviction orders within the last 12 months, and no entry prohibition.
• No previous citizenship, as Austria generally requires applicants to renounce their existing citizenship. However, exceptions may be made in specific cases, such as Article 10 (6) of the Citizenship Act.

Application Process:

• Contact the responsible authority, which is typically the office of the provincial government.
• Gather the required documents, including passports, birth certificates, marriage certificates, proof of income, language proficiency tests, and more. All foreign-language documents must be translated and certified in Austria.
• Submit the application form, either using the standard form or without an official form.
• The specific documents required may vary depending on personal details, so it is essential to contact the relevant department of citizenship for precise information.

It is important to note that the granting of Austrian citizenship by award is at the discretion of the Austrian government, and there are no guarantees of approval. The process involves a thorough background check, and successful applicants will receive full citizenship and can apply for an Austrian passport.

Dual citizenship

Austrian citizenship can be acquired by descent, award, or extension of the award. While Austrian citizenship law does not allow dual citizenship, there are some exceptions.

Acquisition by Descent

If you are a direct descendant of victims of the National Socialist regime, you can acquire Austrian citizenship by means of a declaration without having to give up your current citizenship. Additionally, children can have dual citizenship if they have an Austrian parent and automatically acquire another citizenship at birth, such as by descent from the other parent or by birth in a country where the territoriality principle applies.

Acquisition by Award

To acquire Austrian citizenship by award, you must fulfill the general requirements for naturalization and file an application. The general requirements include:

• 10 years of legal and continuous residence in Austria, with a minimum of 5 years holding a residence permit
• No criminal record or pending criminal action, neither in Austria nor abroad
• Sufficiently secured maintenance and proof of regular earnings or livelihood exemption
• German language skills and basic knowledge of Austria's democratic system, history, and fundamental principles
• Positive attitude towards the Republic of Austria and no close relationship to extremist or terrorist groups

Citizenship by Investment

Austria is the only Western European country that offers the possibility of obtaining citizenship by investment without prior residence requirements. Applicants are required to invest actively and significantly in the Austrian economy, such as through joint ventures or direct investments in job-creating businesses. While the Austrian Citizenship Act generally requires applicants to abandon their current citizenship, exceptions can be made in specific cases, allowing applicants to legally maintain their former citizenship.

Citizenship for victims of the Nazi regime

Austrian Citizenship Law allows victims of the Holocaust and their direct descendants to apply for Austrian citizenship. This includes victims of the Nazi regime and their direct descendants.

In October 2019, the Austrian parliament unanimously adopted an amendment to the Austrian Citizenship Act in recognition of its historical responsibility towards the victims of National Socialism and their descendants. The amendment came into force on 1 September 2020.

All persons who were persecuted by the Nazis and/or are direct descendants of persecuted ancestors are entitled to apply for Austrian citizenship. The deadline for the period of eligibility was extended until 15 May 1955. Direct descendants of victims of Nazi persecution who remained citizens of states of the former Austro-Hungarian monarchy are also entitled to claim Austrian citizenship, provided that their main residence was in the territory of the Republic of Austria before the Nazi persecution.

To apply for Austrian citizenship, victims and their descendants must fill in a declaration ("Anzeige") and submit it to their local Austrian diplomatic representation (Austrian Embassy or Consulate General). This can be done online, and the questionnaire is available in German, English, Spanish, and Hebrew. After completing the questionnaire, applicants will receive a list of all the documents they need to prove their identity and/or their relationship to the persecuted ancestor. The documents required include:

• A current passport photograph (not older than six months), complying with the Austrian photograph criteria
• Marriage and divorce certificates, if applicable, in case the original surname was changed
• Certificate of change of name, if applicable
• Criminal record from the country of residence, not older than eight months (for US residents, this must be issued by the FBI)
• Birth certificate of the persecuted ancestor (if available)
• Marriage certificate of the persecuted ancestor (if available)
• Evidence that the ancestor was persecuted (if available). The birth certificate is usually sufficient evidence for Jewish persons
• Evidence that the persecuted ancestor resided in Austria (in the case of citizens of the successor states of the Austro-Hungarian monarchy)
• In the case of flight: Evidence that the ancestor fled from Austria (for example, passenger lists)
• In the case of deportation: Evidence that the ancestor was deported by the Nazi regime
• In the case of the ancestor being killed by the Nazi regime: Death certificate or other evidence

The Austrian diplomatic representation will then forward the declaration and documents to the competent authority in Austria, and the procedure will start. The competent provincial government in Austria will decide on the declaration, and if approved, it will issue an official decision. Upon delivery of the decision, the applicant becomes an Austrian citizen.

Citizenship by investment

Austria is one of the wealthiest countries in Europe, offering a high quality of life, natural attractions, and a well-developed and stable economy. It is the only Western European country that offers the possibility to obtain citizenship by investment and an EU passport without prior residence requirements.

The Austrian Citizenship by Investment Program is a highly respected and sought-after program that allows investors to obtain Austrian citizenship through investment in the country. The program is designed to attract high-net-worth individuals and entrepreneurs who wish to establish a presence in Austria.

Under the citizenship by investment provisions, applicants are required to invest actively in the Austrian economy, for example, by creating jobs or generating new export sales. This can be done through a joint venture or direct investment in a business. Significant direct investment is generally required, with amounts ranging from €800,000 to €10 million. Passive investments in government bonds or real estate do not qualify.

In addition to the investment, applicants must meet other requirements, including having a clean criminal record, proving the source of their funds, and having a basic knowledge of the German language. Applicants must also demonstrate that their investment will bring economic benefits to Austria.

The benefits of obtaining Austrian citizenship through investment include the right to live, work, and study in Austria and other EU countries, visa-free access to numerous countries worldwide, and access to high-quality healthcare and education. Austrian citizens also have the right to reside anywhere else in the EU and Switzerland and enjoy visa-free or visa-on-arrival travel to approximately 190 destinations, including Canada, Hong Kong, the rest of the EU, and Europe's Schengen Area.

The application process for Austrian citizenship by investment is straightforward and streamlined. Applicants must submit their investment proposal to the Federal Ministry of Economic Affairs and Labor, who will review the proposal and make a recommendation to the government. Once the investment is approved, the applicant must obtain a residence permit in Austria and fulfill the residency requirement before applying for citizenship.

It is important to note that the grant of citizenship is at the sole discretion of the Government of the Republic of Austria, and there is no guarantee that applications will be approved. The whole process can take from 12 to 36 months.

Frequently asked questions